tim (not at home) wrote:


"steve robinson" wrote in message
...
Palindrome wrote:

Roland Perry wrote:
In message , at
10:20:14 on Sat, 16 Feb 2008, Bystander
remarked: This can be really complicated. I live on a
bridleway and some neighbours' deeds show ownership to the
middle, some don't mention it. We all try to keep our bit in
reasonable repair, but we failed completely to get agreement
to chip in to repair the entrance surface, which everyone has
to use.
I know someone who lives on a private road, quite a short one,
and they've been struggling for 30 years to get the various
neighbours to agree to necessary repairs and so on. I think one
or two of the residents recently "gave up" and did it at their
own expense.
This is one area where there seems to be considerable "market
failure" - people are so used the model where the council does
all the thinking for them, that they simply can't/won't get
their heads around doing it privately/co-operatively.


You can understand why. There are so many ways to argue that the
costs should be split and for each, there are winners and losers.
No one wants their neighbours to be able to boast about how they
"won" -so no-one will agree to a plan that means they pay more
than a different plan would result in.

When an independent body makes a decision, the neighbours may still
pay less, but at least they haven't "won".


Watch them all run for cover when someone gets injured because of
the state of the roadway

And how will they be liable by "doing nothing"

Presumably the road is obviously one that needs to be driven along
carefully. If anyone ignore that and has an accident it will be
their own fault.

tim


--


The same as you would be liable if you were aware of a dangerous
situation on your property but ignored it anyway and a third party was
injured


--

On 16 Feb, 16:20, "Peter Crosland" wrote:
Have you checked to see if the neighbour's property is registered? If it is
you can buy a copy from the Land Registry for AFAIK £4. This will tell you
what their legal liability is.

Peter Crosland



that sounds like an excellent next port of call

thankyou very much (and also to all other replies)

"steve robinson" wrote in message
...
tim (not at home) wrote:



And how will they be liable by "doing nothing"

Presumably the road is obviously one that needs to be driven along
carefully. If anyone ignore that and has an accident it will be
their own fault.

tim


--


The same as you would be liable if you were aware of a dangerous
situation on your property but ignored it anyway and a third party was
injured

Unlike a building, a road cannot fall onto somebody.

Short of it collapsing into a hole (which is unlikely to happen just because
it is not maintained), there is little that can be dangerous about a 'track'
that can spontaneously cause an accident, it requires lack of care from the
person driving down it.

tim

In message , at 20:05:04 on Sat, 16
Feb 2008, "tim (not at home)" remarked:

Unlike a building, a road cannot fall onto somebody.

http://img.metro.co.uk/i/pix/2007/04...AP_450x300.jpg
--
Roland Perry

tim (not at home) wrote:


"steve robinson" wrote in message
...
tim (not at home) wrote:



And how will they be liable by "doing nothing"

Presumably the road is obviously one that needs to be driven along
carefully. If anyone ignore that and has an accident it will be
their own fault.

tim


--


The same as you would be liable if you were aware of a dangerous
situation on your property but ignored it anyway and a third party
was injured

Unlike a building, a road cannot fall onto somebody.

Short of it collapsing into a hole (which is unlikely to happen just
because it is not maintained), there is little that can be dangerous
about a 'track' that can spontaneously cause an accident, it requires
lack of care from the person driving down it.

tim

This however is not a track , its a road that the residents (from the
op pov) should keep maintained and in good order failure to do so could
be construed as neglience if someone who had a right to pass were
injured

Trips falls andvehicle damage over uneven pavements and roadways causes
local authorities to pay out millions of pounds a year in damages

typed:

Firstly :- From the deeds I own the land on which the road runs.

Secondly: Rights of way -
1) it's a Public Bridleway
2) most of the land (fields) either side of the road is in various
(2or 3) different ownerships - I suppose they would expect to access
it from the road through existing field gates onto the road - tho only
one has done so in the last 10 years as they have other ways to access
(thru other fields for e.g.).
3) then there's us and the neighbours
that's it I think.

Thirdly: Yes there is some references in original deeds and later
referring documentation about a covenant to contribute to upkeep and
maintenance.

So am I better off:- a) first mentioning to them (I suspect they know)
so he knows I know? or b) just have a chat with the family solicitor
to see whether it's enforceable & therefore worth 'stirring it' with
them at all?

thanks for all replies so far

If you own the land the road runs on then upkeep is basically down to you.

If the neighbour has a covenant saying so, then they probably should
contribute. However, the chances of being able to make them contribute in
any meaningful way that doesn't take a long time and lots of other money is
remote. Check with the Land Registry, pay their fees (a pittance in the
scheme of things) and check what their deeds say. It may be worthwhile to
check the deeds of all adjoining land too, though if there are many
different owners this might become expensive.

Enforcing covenants can be a drawn out process, with no guarantee of
success.

--
Dogpoop

Stand by me.
http://www.glass-uk.org/

"Roland Perry" wrote in message
news
In message , at 20:05:04 on Sat, 16
Feb 2008, "tim (not at home)" remarked:

Unlike a building, a road cannot fall onto somebody.

http://img.metro.co.uk/i/pix/2007/04...AP_450x300.jpg
--
Roland Perry


I hope that the OP doesn't have to maintain that!

tim

"steve robinson" wrote in message
...
tim (not at home) wrote:


"steve robinson" wrote in message
...
tim (not at home) wrote:



And how will they be liable by "doing nothing"

Presumably the road is obviously one that needs to be driven along
carefully. If anyone ignore that and has an accident it will be
their own fault.

tim


--


The same as you would be liable if you were aware of a dangerous
situation on your property but ignored it anyway and a third party
was injured

Unlike a building, a road cannot fall onto somebody.

Short of it collapsing into a hole (which is unlikely to happen just
because it is not maintained), there is little that can be dangerous
about a 'track' that can spontaneously cause an accident, it requires
lack of care from the person driving down it.

tim

This however is not a track

The guy said that it is unmade. ISTM, that's a track.

its a road that the residents (from the
op pov) should keep maintained and in good order failure to do so could
be construed as neglience if someone who had a right to pass were
injured

Trips falls andvehicle damage over uneven pavements and roadways causes
local authorities to pay out millions of pounds a year in damages

This doesn't have a pavement, it's a mud track.

(I have lived at the end of one of these, I know (more or less) exactly what
they are like.

tim

wrote:
On 16 Feb, 16:20, "Peter Crosland" wrote:
Have you checked to see if the neighbour's property is registered?
If it is you can buy a copy from the Land Registry for AFAIK £4.
This will tell you what their legal liability is.

Peter Crosland



that sounds like an excellent next port of call

thankyou very much (and also to all other replies)

Don't forget to check the status of the road with the Highway Authority who
my be liable for the upkeep regardless who actually owns the land.

Peter Crosland

Peter Crosland wrote:
wrote:
On 16 Feb, 16:20, "Peter Crosland" wrote:
Have you checked to see if the neighbour's property is registered?
If it is you can buy a copy from the Land Registry for AFAIK £4.
This will tell you what their legal liability is.

that sounds like an excellent next port of call

thankyou very much (and also to all other replies)

Don't forget to check the status of the road with the Highway
Authority who my be liable for the upkeep regardless who actually
owns the land.

It's a public bridleway.
--
John Briggs